Claims in contract for product liability cases
Claims in contract for product liability cases

The following PI & Clinical Negligence guidance note provides comprehensive and up to date legal information covering:

  • Claims in contract for product liability cases
  • Overview
  • Basis of a contractual claim
  • The implied terms
  • Establishing liability
  • Remedies
  • Exemption clauses
  • In practice and retailers’ perspective

Overview

A defective product claim based on a breach of contract can be more straightforward than a claim brought in negligence. This is because the claimant will just need to prove that the product is not of a satisfactory quality or fit for its purpose. It is unnecessary for the claimant to prove fault on behalf of the seller or anyone else. However, generally speaking, a claimant will need to be a party to the contract to sue for a breach of an express or implied term of the contract.

The Consumer Rights Act 2015 (CRA 2015) came into force on 1 October 2015. CRA 2015 sets out consumer rights and remedies for the sale of goods and supply of digital goods and services on or after 1 October 2015.

For personal injury practitioners, the important provisions relate to contracts for the sale of goods and those for the provision of services. For contracts entered into before 1 October 2015, there were separate Acts covering contracts for the sale of goods and those for the supply of services (with provision relating to the transfer of goods bound up with the supply of services). There were three different Acts covering the different types of contract:

  1. the Sale of Goods Act 1979 (SGA 1979), which covered contracts for the sale of goods

  2. the